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Appeals court partially reinstates colonoscopy malpractice claim

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A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.

Katherine Chaffins claimed severe pain after a procedure and that she was improperly released from the hospital, after which her pain continued until she returned and was diagnosed with a perforated colon that required surgery.

The appeals panel majority wrote in Katherine Chaffins and Roger Chaffins Sr. v. Clint Kauffman, M.D.; Family and Women's Health Services; and Pulaski County Memorial Hospital, 66A04-1302-CT-85, that the Chaffinses conceded there was no evidence to support the opinion that the doctor misperformed the procedure resulting in the perforation, but there were issues making summary judgment inappropriate.   

The majority partially reinstated a malpractice claim, finding the plaintiffs presented “sufficient evidence to negate the opinion of the medical review panel, thereby establishing a genuine issue of material fact.” The majority granted a limited reversal of Pulaski Superior Judge Patrick Blankenship’s grant of summary judgment. Blankenship relied on the medical review panel’s finding that the defendants did not fail to meet the applicable standard of care.

“What remains is the Chaffinses’ claim that the Defendants’ alleged negligence caused Katherine to suffer twelve hours of prolonged pain. At oral argument, the Defendants conceded that prolonged pain was contemplated by the ‘physical injuries’ allegation in the Chaffinses’ complaint. Accordingly, we conclude that (defendants) failed to make a prima facie showing that there is no genuine issue of material fact as to causation. Summary judgment in favor of Dr. Kauffman and the Hospital was inappropriate,” Judge Cale Bradford wrote in the majority opinion joined by Judge Patricia Riley.

Judge Elaine Brown dissented, saying she would affirm summary judgment, noting the doctor relied on his nurse to inform him of Chaffins’ pain after the colonoscopy, which even the defendants’ expert before the review board acknowledged wasn’t inappropriate. Chaffins also was advised to return to the hospital if pain persisted.

“There is no designated evidence to show that the (dismissal) instructions deviated from the standard of care appropriate to Dr. Kauffman and Family and Women’s Health Services,” Brown wrote.

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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